Independent administrative bodies
A number of independent administrative bodies are attached to the Assembleia da República. These are set up by law and may or may not have legal persona and powers of authority. They are all independent and have competences for scrutiny, regulation, supervision and others included in the administrative function of the state.
Since they are administrative, because they pursue administrative tasks that belong to the state, they are also independent because they are not subject to hierarchy powers, supervision or oversight by any other body when performing their duties and responsibilities.
Legitimated by Article 267(3) of the Constitution, their intervention essentially deals with sensitive or strategic sectors or within the scope of guaranteeing citizens’ fundamental rights, such as those dealing with information, transparency, data protection and proper administration.
Commission on Access to Administrative Documents
The Commission on Access to Administrative Documents (CADA) is an independent administrative body which is attached to the Assembleia da República. It is responsible for ensuring compliance with the law that regulates access to administrative documents, and does so by considering complaints, issuing opinions and applying fines.
Office
Av. D. Carlos I, n.º 134, 3.º, 1200-651 Lisboa | Portugal
Composition and appointment
o One associate justice of the Supreme Administrative Court, appointed by the Supreme Council of the Administrative and Tax Courts, who chairs the commission;
o Two MPs elected by the Assembleia da República, one proposed by the parliamentary group of the largest party that supports the Government and the other proposed by the largest opposition party;
o One professor of law appointed by the President of the Assembleia da República;
o Two persons appointed by the Government;
o One person appointed by each of the Governments of the Autonomous Regions;
o One person appointed by the National Association of Portuguese Municipalities;
o One lawyer appointed by the Bar Association;
o One member appointed by the National Data Protection Commission from among its members.
www.cada.pt
National Data Protection Commission
The National Data Protection Commission (CNPD) is an independent administrative body with powers of authority that is attached to the Assembleia da República. Its general responsibilities are to supervise and scrutinise compliance with the legal provisions and regulations on personal data protection, strictly respecting the human rights and freedoms and guarantees enshrined in the Constitution and in the law.
Office
Rua de São Bento, n.º 134, 1.º, 1200-651 Lisboa | Portugal
Composition and appointment
o One chairperson and two members elected by the Assembleia da República;
o One judge with more than 10 years’ experience appointed by the Supreme Judicial Council;
o One public prosecutor with more than 10 years’ experience appointed by the Supreme Council of the Public Prosecutors’ Office;
o Two persons of recognised standing appointed by the Government.
www.cnpd.pt
National Election Commission
The National Election Commission (CNE) is an independent body of electoral administration of the state that is attached to the Assembleia da República. Its responsibilities are, without prejudice to other powers and competences, to ensure equality of opportunities and treatment of citizens, candidates and other stakeholders in registration and election and referendum processes. It performs its duties for all registration and election acts relating to bodies that exercise sovereign power, autonomous regions, local authorities, Members of the European Parliament, the Council of Portuguese Communities and also for national and local referenda.
Office
Av. D. Carlos I, n.º 134, 5.º, 1200-651 Lisboa | Portugal
Composition and appointment
o One associate justice of the Supreme Court of Justice appointed by the Supreme Judicial Council, who chairs the commission;
o Citizens of recognised merit appointed by the Assembleia da República, included in a list. One is proposed by each parliamentary group;
o One technical advisor appointed by each one of the Government departments responsible for home affairs, foreign affairs and media.
www.cne.pt
National Ethics Council for the Life Sciences
The National Ethics Council for the Life Sciences (CNECV) is an independent advisory body attached to the Assembleia da República. Its mission is to analyse the ethical issues raised by scientific progress in the fields of biology, medicine and health in general, and the life sciences.
Office
Avenida D. Carlos I, n.º 134, 5.º esq., 1200-651 Lisboa | Portugal
Composition and appointment
o Six persons of recognised merit who provide particular qualification for the ethical reflections raised by life sciences who are elected by the Assembleia da República;
o Nine persons of recognised merit who provide particular qualification in the field of bioethics appointed by the Portuguese Medical Association, by the Portuguese Association of Nurses, by the Portuguese Association of Biologists, by the Portuguese Association of Pharmacists, by the Portuguese Bar Association, by the Council of Portuguese University Rectors, by the Lisbon Academy of Sciences, by the medical and legal council of the National Institute of Legal Medicine, after consulting the relevant technical and scientific council, and by the Foundation for Science and Technology;
o Three persons of recognised merit in the fields of biology, medicine and health in general and the life sciences appointed by resolution of the Council of Ministers;
o Two persons of recognised merit in the fields of law, sociology or philosophy appointed by resolution of the Council of Ministers.
www.cnecv.pt/
Council for the Oversight of the Intelligence System of the Portuguese Republic
The Council for the Oversight of the Intelligence System of the Portuguese Republic (CFSIRP) is an independent body attached to the Assembleia da República. It is responsible for supervising the Intelligence System of the Portuguese Republic, specifically by monitoring and overseeing the activity of the intelligence secretary-general and services, ensuring compliance with the Constitution and the law, particularly in matters regarding citizens’ fundamental rights, freedoms and guarantees.
Office
Av. D. Carlos I, n.º 134, 7.º, 1200-651 Lisboa | Portugal
Composition and appointment
o Three citizens known to be fit and proper and in the full enjoyment of their civil and political rights elected by the Assembleia da República by secret ballot with a majority of two-thirds of the MPs present, which cannot be less than the majority of MPs in full exercise of their office.
www.cfsirp.pt/
Council of Justices of the Peace
The Council of Justices of the Peace (CJP) is the body responsible for monitoring the setting up and installation of justices of the peace, and operates with dependence on the Assembleia da República.
Office
Avenida Fontes Pereira de Melo, n.º 7/13, 7.º esq., 1050-115 Lisboa | Portugal
Composition and appointment
o One person appointed by the President of the Assembleia da República, who chairs it;
o One representative of each parliamentary group represented on the Committee on Constitutional Affairs, Rights, Freedoms and Guarantees of the Assembleia da República, who is appointed by the Committee;
o One representative of the Ministry of Justice;
o One representative of the Supreme Judicial Council;
o One representative of the National Association of Portuguese Municipalities;
o One representative of the justices of the peace elected from their members.
www.conselhodosjulgadosdepaz.com.pt
National Council for Medically Assisted Procreation
The National Council for Medically Assisted Procreation (CNPMA) is an independent administrative body attached to the Assembleia da República. In general, it is responsible for pronouncing on the ethical, social and legal questions regarding medically assisted procreation.
Office
Av. D. Carlos I, n.º 134, 4.º esq., 1200-651 Lisboa | Portugal
Composition and appointment
o Five persons elected by the Assembleia da República;
o Four persons appointed by the members of Government responsible for health and science.
www.cnpma.org.pt
Council for the Oversight of the Integrated System of Criminal Intelligence
The Council for the Oversight of the Integrated System of Criminal Intelligence (CFSIIC) oversees the Integrated System of Criminal Intelligence. It monitors and oversees the activity of the secretary-general of the Internal Security System and the bodies of the criminal police on the exchange of data and information through the Integrated System of Criminal Intelligence (SIIC), ensuring compliance with the Constitution and the law, particularly the system on citizens’ fundamental rights, freedoms and guarantees.
Office
Av. D. Carlos I, n.º 134, 5.º, 1200-651 Lisboa | Portugal
Composition and appointment
o Three citizens known to be fit and proper and in the full enjoyment of their civil and political rights elected by the Assembleia da República by secret ballot with a majority of two-thirds of the MPs present, which cannot be less than the majority of MPs in full exercise of their office;
o Two representatives, one each appointed by the Supreme Judicial Council and the Supreme Council of the Public Prosecutors’ Office.
Oversight Board of the DNA Profile Database
The Oversight Board of the DNA Profile Database (CFBDPADN) is an independent administrative body attached to the Assembleia da República. It is accountable exclusively to the Assembleia da República and is, in general, responsible for overseeing the DNA profile database.
Office
Largo da Sé Nova, 3000-213 Coimbra | Portugal
Composition and appointment
o Three citizens known to be fit and proper and in full enjoyment of their civil and political rights appointed by the Assembleia da República.
www.cfbdadosadn.pt
Oversight Body for State Secrets
The Oversight Body for State Secrets (EFSE) is an independent body attached to the Assembleia da República. Its mission is to oversee compliance with the secrecy of state regime, monitoring and overseeing the classification of state secrets, pronouncing on requests and complaints submitted by citizens on matters of secrecy and ensuring compliance with the Constitution and the law, particularly regarding matters of citizens’ rights, freedoms and guarantees.
Office
Avenida D. Carlos I, n.º 134, 4.º, 1200-651 Lisboa | Portugal
Composition and appointment
o One citizen with experience in the area of classified materials or access to administrative information from a senior category of the diplomatic career, the Armed Forces, the security forces, or among the judges of the administrative and tax courts, who chairs the board;
o Two citizens with judicial training who are in full enjoyment of their civil and political rights, who are known to be fit and proper and whose background provides guarantees that they will respect the duties arising from the position, i.e. independence, impartiality and discretion, while they exercise their functions and afterwards.
All are elected by the Assembleia da República by secret ballot with a majority of two-thirds of the MPs present, which cannot be less than the majority of MPs in full exercise of their office.
Media Regulatory Authority
The Media Regulatory Authority (ERC) is a public-law body corporate and has administrative and financial autonomy and its own assets. It is an independent administrative body, and exercises regulatory and supervisory powers in the media sector.
Office
Avenida 24 de Julho, n.º 58, 1200-869 Lisboa | Portugal
Composition and appointment
Regulatory board:
o Four members appointed by resolution of the Assembleia da República;
o One member co-opted by the members appointed by the Assembleia da República.
Consultative board:
o One representative of the Competition Authority;
o One representative of the Media Institute;
o One representative of National Communications Authority (ICP-ANACOM);
o One representative of the Consumers’ Institute;
o One representative of the Institute of Cinema, Audiovisuals and Multimedia;
o One representative of the Council of Portuguese University Rectors;
o One representative of the Coordinating Council of Polytechnic Institutes;
o One representative of the Vocational Training Centre for Journalists (CENJOR);
o One representative of the journalists’ trade union that has the largest number of members;
o One representative of the media confederation that has the largest number of members;
o One representative of the consumers’ association that has the largest number of members;
o One representative of the advertising agencies’ association that has the largest number of members;
o One representative of the advertisers’ association that has the largest number of members;
o One representative of the Civil Institute of Advertising Self-Regulation (ICAP);
o One representative of the Portuguese Association for Oversight of Printing and Circulation (APCT);
o One representative of the Commission for Media Analysis and Studies (CAEM).
All are appointed by the respective body.
Auditor:
o Statutory auditor appointed by resolution of the Assembleia da República.
www.erc.pt
Ombudsman
Under the terms of the Constitution, the Ombudsman is a body that belongs to the state, elected by the Assembleia da República. The Ombudsman’s primary function is to defend and promote the rights, freedoms, guarantees and legitimate interests of citizens, using informal means to ensure justice and legality in the exercise of public powers.
Office
Rua Pau de Bandeira, 9 1249-088 Lisboa | Portugal
Composition and appointment
o The Ombudsman is appointed by the Assembleia da República by a majority of two-thirds of the MPs present, which cannot be less than the majority of MPs in full exercise of their office. The appointment falls to a citizen that meets the eligibility requirements for the Assembleia da República and has a proven reputation for integrity and independence.